Opinion
(Spring Riding, 1806.)
If a continuance is asked by the State and the defendant has a nonresident witness, it must be on condition that his deposition of absent witness will be allowed.
The Attorney-General moved for a continuance, and the Court is informed that the defendant has a material witness who has removed to the State of Tennessee. If he has the continuance at all, it must be upon the condition of his agreeing that the defendant shall take the deposition of his witness, and that such deposition shall be read on the trial.
NOTE. — See Walker v. Greenlee, 12 N.C. 367.